POLICY, GUIDELINES AND
TERMS AND CONDITIONS
OF CONTRACT
FOR THE PURCHASE OF
CONSULTANCY
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CONTENTS
1. Foreword
2. Financial Regulations
3. Guidelines
Appendix 1
Allowances for Consultant Expenses
Appendix 2:
Terms and conditions of contract
Appendix 3:
Flow chart to summarise stages
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FOREWORD
The purpose of this document is to provide guidelines and assistance to those
members of staff involved in the difficult task of hiring external consultants to
undertake work on behalf of the University. The following check lists,
procedures and terms and conditions of contract will provide complete
assurance in the safety of the placement of a consultancy contract.
The guidelines seek to provide assistance in the three important features of
consultancy:


Specification (what will be done).
Quotation/tender (what will be paid against our terms and conditions).
Agreement/contract (to establish a formal, legal agreement to undertake
work).
The full assistance of the University Purchasing Officer is always available and
contact should be made with David Glover on 3313 in the first instance if any
member of staff wishes to discuss this matter further.
David Glover
Purchasing Officer
January 2009
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POLICY
2.0
Financial Regulations
2.1
The Financial Regulations of the University apply to all consultancy contracts
let by the University. Particularly important are those regulations pertaining
to competition and proof of value for money specifically:
a)
Contracts over £2,000 are let following three quotations being
obtained.
b)
Contracts over £10,000 are subject to a formal tendering process.
c)
Contracts over £140,000 are subject to a formal tendering process,
in line with current EU legislation.
2.1
Contract signatures
The University part of any resultant contract can be signed by the Director of
Finance only. Contracts for signature should be forwarded in the first
instance through the University Purchasing Officer.
2.2
Teaching Services, Research and Contracts Involving Members of
Staff
Contracts for teaching services, contracts for research and those which
generally involve members of staff as the supplier are subject to separate
procedures which should be addressed through Personnel.
2.3
Terms and Conditions of Contract
The Terms and conditions of contract attached as appendix 1 must be used
for all non-Estates consultancy contracts. Requests for assistance with
variations or prospective alternative contracts should be addressed initially
through the University Purchasing Officer.
2.4
Single Source Tenders or Quotations
The Financial Regulations require that all contracts let over £2,000 are
subject to the three quotation rule. This is a specific requirement in respect
of the hiring of consultants where three quotations must always be obtained.
In the unlikely event of only one quotation being obtained, a full written
explanation stating the reasons for this should be sent to the University
Purchasing Officer prior to any contract or order placement.
2.5
Relationship with Prospective Suppliers
All members of staff are reminded of the University requirement for full
disclosure of any personal relationships with prospective suppliers at the
earliest possible juncture.
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GUIDELINES
3.1 Introduction
3.1.1.
The process of hiring external consultants can be difficult and the resultant
success of the consultancy can hinge on the strength, accuracy and
arrangement of detail in the contract and contracting process. It is
impossible to provide written guidance that covers all eventualities but the
following should represent most of the major steps that have to be taken to
achieve a successful contract and outcome.
Pre-tender discussions with potential customers can be extremely beneficial,
but care should be taken not to unwittingly give contractual commitment.
Similarly, understandings may be reached, but not effectively recorded and
therefore not reflected in the subsequent contract, leading to expensive
contractual variations.
3.2 Specification
3.2.1
The specification is the most crucial part of any consultancy contract. This
should contain:
1)
A full brief for the prospective consultants outlining the University’s
requirements.
2)
Detail of the scope and type of advice required from the prospective
consultants.
3)
Detail of any constraints which the University wishes to place on the
preferred solutions.
4)
Lists of tasks which must be performed by both client and
prospective consultants.
5)
Timescales for the consultancy contract including expected start and
completion dates.
6)
A list of expected tangible deliverables from the prospective
consultancy.
3.3 Internal Resources
3.3.1
Once the specification document is complete, it is important to consider the
possibility of internal University resources providing solutions to the
consultancy requirement. If this is a consideration, contact should be made
in the first instance with Enterprise and Commercial Development who will
provide further assistance and advice in this respect.
3.4 Preparation for Invitation to Quote/Tender
3.4.1
The Financial Regulations of the University dictate the route which should be
followed as the next step. Requirements where expected expenditure will be
less than £10,000 can be covered by an invitation to quote. Requirements
above this figure are subject to a formal tendering requirement.
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3.4.2
When obtaining prices by quotation or tender, a copy of the specification and
a copy of the terms and conditions of contract (Appendix 1) should always be
sent. The invitation to tender form should also contain the following
statement:
“Any contract for consultancy resulting from this invitation will be covered
only by the terms and conditions attached. Other terms and conditions will
not be accepted.”
This has the effect of imposing the University contract on the supplier at the
earliest possible stage and responses can then only be sent subject to our
terms and conditions.
3.4.3
The specification should also formally request that the prospective consultant
sets out in full all charges for undertaking the work including:
1)
A basis for the quoted fees.
2)
An estimate of total fees
3)
An estimate of expenses (based exclusively on the allowances for
expenses shown in appendix 1A).
3.4.4
VAT should always be charged on consultancy work. It is important to check
that prospective consultants are VAT registered. Should this not be the case,
the University would require the consultant’s personal tax reference number
prior to placement of contract.
3.4.5
Formal tenders are dealt with exclusively by the University Purchasing Officer
and he has responsibility for ensuring security of contract. Contact should be
made at the earliest possible opportunity with David Glover (extension 3313)
to commence the tendering process.
3.5 Assessment of Responses
3.5.1
Assessment of responses to either a tender or quotation exercise should be
carried out against standard value for money criteria.
3.5.2
It may be necessary and in some cases advisable to request the potential
supplier to undertake a verbal presentation of the tender in order for both
parties to clarify points and aspects of the intended contract. This is
however entirely up to the individual or working party overseeing the
assessment part of the process.
3.6 Making a contract
3.6.1
Prior to award of contract, it will be necessary to undertake some final
negotiation with the prospective consultant. Points which require
consideration could include:
1)
Method of authorisation for any additional work above the billing
agreed for the original contract (if necessary).
2)
Method of payment and invoicing arrangements.
3)
Agree firm deliverables with the prospective consultant against which
the success of the consultancy can be measured
4)
Confirm timescales.
3.7 Contract and Signature
3.7.1
Once both parties have agreed to all aspects of the consultancy, a purchase
order will be raised.
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3.7.2
A contract document may be raised by the supplier for acceptance by the
University, which should be forwarded to Director of Finance for signature.
3.8 Monitoring of Consultancy
3.8.1
It is important at stages of consultancies (particularly those of length) to assess
progress against the specification, timescales and costs. It must be remembered that
the consultant has contracted to provide a timely and full service and any payment
for service rests upon your satisfaction with the results. A timely warning if it is felt
that targets are not being achieved may well rescue a situation, turning a poor result
into something more acceptable. Critical but constructive honesty should be
welcomed by most consultants.
3.9 Assistance
3.9.1
Every form of assistance with any and all aspects of this contracting process is always
available from the Purchasing Officer. Contact David Glover on 3313 for any further
clarification.
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Appendix 1
Consultants Travel Expenses
Hotel:
Breakfast:
Lunch:
Dinner:
£75.00 per day/night
£5.00
£8.00
£15.00
Air/rail fares: standard/economy class only
Car mileage: 40p per mile
Please note that consultant’s travel expenses should be negotiated as
part of the overall price package offered for the contract offered. Use
of the above as an extra to a consultancy contract should only be
considered as a “special” or where extra work is to be undertaken
outside the contract.
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Appendix 2
CONDITIONS OF CONTRACT FOR CONSULTANCY SERVICES OTHER THAN
WORKS CONSULTANTS
1.
INTERPRETATION
1.1
In these Conditions:1.1.1
"the Contract" means the agreement concluded between the
Company and the Contractor subject to these Conditions, including all
specifications, patterns, Contractor's samples, plans, drawings and
other documents which are incorporated or referred to therein;
1.1.2
"the Contractor" means the person who by the Contract undertakes to
supply the Services to the Company as is provided for in the Contract.
Where the Contractor is an individual or partnership, the expression
shall include the personal representatives of that individual or of the
partners;
1.1.3
"the Company" means Staffordshire University HEC or Staffordshire
University Enterprises Limited or Octagon Computer Centre Limited,
as the case may be.
1.1.4
"the Services" means all work which the Contractor is required to
supply under the Contract.
1.1.5
"the Contract Price" means the price exclusive of Value Added Tax
payable to the Contractor by the Company under the Contract for the
full and proper performance by the Contractor of its part of the
Contract;
1.1.6
"Order" means the Company's purchase order to which these
Conditions are annexed.
1.1.7
"Project" means the services to be provided as specified in an order.
1.1.8
"Premises" means the location where the services are to be performed
as specified in the Order.
1.1.9
unless the context otherwise requires, reference to any enactment,
order, regulation or other similar instrument shall be construed as a
reference to the enactment, order, regulation or instrument as
amended or re-enacted by any subsequent enactment, order,
regulation or instrument.
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1.2
The headings to these Conditions shall not affect their interpretation.
1.3
Any decision, act or thing which the Contractor is required to take or do
under the Contract may be requested by any officer or employee of the
Company authorised either generally or specially by the Company provided
that upon receipt of a written request from the Company the Contractor shall
inform the Company of the name of any such officer or employee.
1.4
Any Order raised in writing by the Company constitutes an offer on the part
of the Company to acquire the Services subject to these Conditions which
must be accepted in writing by the Contractor or by the actual execution of
the Order. The Contractor is deemed to have understood the nature and
extent of the Services and to have visited the site and shall make no claim
founded on his failure to do so. The Company shall not be liable for any
order unless it is issued or confirmed on its official order form and signed by
the designated officer of the Company.
2.
VARIATION OF CONDITIONS
The Services shall be supplied in accordance with these Conditions. Any
conditions which the Contractor may seek to impose and which in any way
add to, vary or contradict these Conditions shall be excluded and not form
part of the Contract, unless each of such conditions has been specifically
agreed to in writing by the Company.
Acceptance of an order will be deemed to bind the Contractor to these
Conditions and no Services shall be supplied or performed by the Contractor,
their employees, agents or representatives, except in accordance herewith.
The Contractor's Conditions of Sale do not form part of the Contract.
3.
THE PROJECT
3.1
The Contractor shall complete the Project with reasonable skill, care and
diligence in accordance with the Contract.
3.2
The Contractor shall provide the Company with such reports of his work on
the Project at such intervals and in such form as the Company may from time
to time require.
3.3
The Company reserves the right by notice to the Contractor to modify his
requirements in relation to the Project and any alteration to the Contract fee
or the completion date arising by reason of such modification shall be agreed
between the parties. Failing agreement the matter shall be determined by
arbitration in accordance with the provisions of Condition 26.
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4.
PERSONNEL
4.1
The Contractor shall make available for the purposes of the Project any
individuals named on the Purchase Order as key personnel. The Contractor
shall provide the Company with a list of the names and addresses of all
others regarded by the Company, all other persons who may be at any time
concerned with the Project or any part of it, specifying in each case the
capacities in which they are so concerned and giving such other particulars
and evidence of identity and other supporting evidence as the Company may
reasonably require. The Company may at any time by notice to the
Contractor designate any person concerned with the Project or any part of it
as a key person. The Contractor shall not without the proper written
approval of the Company make any changes in the key personnel referred to
in this paragraph.
4.2
The Contractor shall take the steps reasonably required by the Company to
prevent unauthorised persons being admitted to the Premises or is not to
become involved in or is to be removed from involvement in the Project, the
Contractor shall take all reasonable steps to comply with such notice.
4.3
The decision of the Company as to whether any person is to be admitted to
or is to be removed from the Premises or is not to become involved in or is to
be removed from involvement in the Project or as to the designation or
approval of key personnel and as to whether the Contractor has furnished the
information or taken the steps required of him by this Condition shall be final
and conclusive.
4.4
The Contractor shall bear the cost of any notice, instruction of decision of the
Company under this Condition.
5.
FEES AND EXPENSES
5.1
The Company shall pay to the Contractor fees at the rate specified in the
Purchase Order.
5.2
The Contractor shall be entitled to be reimbursed by the Company the
amount of all expenses reasonably and properly incurred by him in the
performance of his duties hereunder subject to production of such evidence
thereof as the Company may reasonably require.
6.
AUDIT
The Contractor shall keep and maintain until two years after the Contract has
been completed records to the satisfaction of the Company of all
expenditures which are reimbursable by the Company and of the hours
worked and costs incurred by the Contractor or in connection with any
employees of the Contractor paid for by the Company on a time charge basis.
The Contractor shall on request afford the Company or his representatives
such access to those records as may be required by the Company in
connection with the Contract.
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7.
FORMS
An advice note shall accompany each complete performance of the Services.
A bill shall be rendered on the Contractor's own invoice form to the Company.
All advice notes, other relevant correspondence and invoices shall be clearly
marked with the Company's order number, the consignee and the description
of the Services concerned.
8.
OFFICIAL SECRETS AND CONFIDENTIALITY
8.1
The Contractor undertakes to abide and procure that his employees abide by
the provision of the Official Secrets Act 1911 to 1989.
8.2
The Contractor shall keep secret and not disclose and shall procure that his
employees keep secret and do not disclose any information of a confidential
nature obtained by him by reason of this Contract except information which is
in the public domain otherwise than by reason of a breach of this provision.
8.3
The provisions of this Condition 9 shall apply during the continuance of this
Contract and after its termination howsoever arising.
9.
DEFAULT BY CONTRACTOR
If the Contractor shall have failed to comply with any terms of the contract, either in
relation to provision of Services or otherwise, the Company shall be entitled (whether
or not any Services have been accepted by the Company) to avail itself of any of the
following remedies at the Company's discretion:9.1
rescind the contract;
9.2
give the Contractor the opportunity to carry out remedial work in respect of
Services at the Contractor's expense so that they comply with the terms of
the contract;
9.3
refuse to accept any further performance of Services without any liability to
the Contractor;
9.4
carry out at the Contractor's expense such work as may be necessary to
make the Services comply with the contract;
9.5
claim such damages, costs and expenses as the Company may have
sustained in consequence of any breach of the terms of the contract or failure
by the Contractor any statutory or other legal obligations herein specified or
implied by law.
These rights shall be in addition to and without prejudice to any other rights the
Company may have.
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10.
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform its obligations
under the Contract where such performance is rendered impossible by circumstances
beyond its control, but nothing in this Condition shall limit the obligations of the
Contractor to use its best endeavours to fulfil its obligations under the Contract.
11.
PRICE AND PAYMENT
11.1
The Contract Price shall be 'net', that is, after deduction of all agreed
discounts.
It shall include the cost of packaging, packing materials,
addressing, labelling, loading and delivery to the addresses named in the
Contract or orders. The amount of any duty additional to the Contract Price
and any early settlement discounts shall be shown separately in the Contract.
11.2
Payment for Services rendered within the terms of any order will normally be
made at the end of the month following the date of the Contractor's invoice
following satisfactory conclusion of the contract. The Company will seek to
encourage genuine early settlement discounts whenever possible. Value
Added Tax, where applicable, shall be shown separately on all invoices as a
strictly net extra charge. Delays in payment of invoices are possible if the
Contractor does not show the Company order number on its invoices.
Payment terms will not be varied without the express authority of the
Director of Finance.
11.3
Whenever under the Contract any sum of money shall be recoverable from or
payable by the Contractor, the same may be deducted from any sum then
due, or which at any time thereafter may become due, to the Contractor
under the Contract or under any other contract with the Company.
11.4
No increase in price will be accepted (whether an account of increased
material, labour or transport costs, fluctuation in rates of exchange or
otherwise) unless 60 days written notice shall have been given to the
Company and such increase shall have been agreed in writing by the
Company prior to execution of the Order.
12.
WARRANTIES
12.1
The Contractor warrants to the Company that the Services will be performed
by appropriately qualified and trained personnel with due care and diligence
and to such high standard of quality as it is reasonable for the Company to
expect in all the circumstances.
12.2
Without prejudice to any other remedy if any Services are not performed in
accordance with the Contract then the Company shall be entitled:12.2.1
at the Company's option to require the Contractor to supply
replacement Services in accordance with the Contract within the
time stated in writing by the Company; or
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12.2.2
13.
at the Company's sole option and whether or not the Company has
previously required the Contractor to supply any replacement
Services to treat the Contract as discharged by the Contractor's
breach and require the repayment of any part of the price which has
been paid.
INDEMNITY
Without prejudice to its liability for breach of any of its obligations under the Contract
the Contractor shall be liable for and shall indemnify the Company against all liability,
loss, damages, costs, expenses, claims or proceedings whatsoever arising under any
statute or at common law as a result of or in connection with:
13.1
breach of any warranty given by the Contractor in relation to the Services;
13.2
any act or omission of any of the Contractor's personnel in connection with
the performance of the Services.
13.3
any loss of or damage to property (whether real or personal),
13.4
any injury to any person, including injury resulting in death.
13.5
any financial or economic loss
except insofar as such loss, damage or injury shall have been caused by negligence
on the part of the Company, its servants or agents.
The Contractor warrants that he has complied with all his obligations as
manufacturer or supplier under the Health and Safety at Work Act, 1974, or under
any Regulations or Orders.
14.
INSURANCE
14.1
The Contractor shall insure against its full liability under Condition 15. Such
insurance by the Contractor shall be a condition precedent of the Contract.
14.2
The Contractor shall insure and keep insured for the period of the Contract
and procure that any of its subcontractors shall likewise insure to the extent
required under Condition 15 to £1,000,000 on any one claim and unlimited
liability in respect of a period of insurance or public liability policy.
14.3
The Contractor upon request shall produce to the Company or cause any subcontractor to produce documentary evidence that the insurance is properly
maintained.
14.4
If the Contractor defaults in insuring, the Company may itself effect insurance
and charge the cost together with an administrative charge of 5% to the
Contractor.
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15.
TRANSFER AND SUB-CONTRACTING
Neither party shall assign the whole or any part of the Contract. The
Contractor shall not sub-contract the production or supply of any Goods or
any Services without the previous consent in writing of the Company.
16.
PATENTS, ETC
The Contract Price shall include all royalties, licence fees or similar expenses
in respect of the making, use or exercise by the Contractor of any invention
or design for the purpose of performing the Contract.
17.
CONFIDENTIALITY
The Contractor shall treat this order and all designs, drawings, specifications
and information supplied therewith as confidential and shall not disclose the
same to any third party without the Company's written consent or infringe
any copyright, patent, trade mark, trade name or registered design vested in
the Company.
All materials, drawings, patterns, gauges, samples,
specifications and other technical data prepared by the Company in
connection with the Contract shall be the Company's property and the
Company may reproduce and use the said items freely for any purpose
whatsoever.
18.
INDUCEMENT TO PURCHASE
18.1
The Contractor shall not offer to the Company or its representatives
as a variation of the conditions of the Contract or as an agreement
collateral to it any advantage other than a cash discount against the
Contract Price.
18.2
If the Contractor shall have offered or given or agreed to give to any
person any gift or consideration of any kind as an inducement or
reward for doing or forbearing to do or for having done or forborne to
do any action in relation to the obtaining or execution of the Contract
or any other contract with the Company or for showing or forbearing
to show favour or disfavour to any person in relation to the Contract
or any other contract with the Company or if the like acts shall have
been done by any person employed by it or acting on its behalf
(whether with or without the knowledge of the Contractor) or if in
relation to the Contract or any other contract with the Company, the
Contractor or any person employed by it or acting on its behalf shall
have done any act which had the recipient been in the employment of
a public body would have been an offence under the Prevention of
Corruption Acts 1889 to 1916 or shall have given any fee or reward to
any officer of the Company which shall have been exacted or
accepted by such officer under colour of his office or employment and
is otherwise than such officer's proper remuneration, the Company
shall be entitled to terminate the Contract and to recover from the
Contractor the amount of any loss resulting from such termination.
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19.
INSOLVENCY
The Company may at any time by notice in writing summarily terminate the
Contract without compensation to the Contractor in any of the following
events:
20.
19.1
if the Contractor, being an individual, or, where the Contractor is a
firm, any partner in that firm shall at any time become bankrupt, or
shall have a receiving order, administration order or interim order
made against him, or shall make any composition or scheme of
arrangement with or for the benefit of his creditors, or shall make any
conveyance of assignment for the benefit of his creditors, or shall
purport to do so, or if in Scotland he shall become insolvent or not our
bankrupt, or any application shall be made for sequestration of his
estate, or a trust deed shall be granted by him for the benefit of his
creditors; or
19.2
if the Contractor being a company shall pass a resolution, or the Court
shall make an order, that the company shall be wound up (except for
the purpose of amalgamation or reconstruction) or if an administrative
receiver on behalf of a creditor shall be appointed, or if the Court shall
make an administration order, or if circumstances shall arise which
entitle the Court or a creditor to appoint an administrative receiver or
which entitle the Court to make a winding-up order or administration
order: provided always that such termination shall not prejudice or
affect any right of action or remedy which shall have accrued or shall
accrue thereafter to the Company.
CANCELLATION
Any Order raised by the Company may be cancelled at any time by the
Company giving the Contractor notice in writing. A fair and reasonable price
shall be paid for all work in progress/services performed at time of the
cancellation which is subsequently received by the Company. The Company
shall not be liable for any loss to the Contractor including consequential loss.
21.
PUBLICITY
The Contractor shall not advertise or publicly announce that it is supplying
goods or undertaking work for the Company, or use the Company's name or
logo without the prior consent of the Company.
22.
NOTICE
Any notice required to be given in writing under the Contract shall be given
where possible by facsimile and otherwise by first class post addressed to the
registered office of the party for which it is intended or to such other address
as may be notified in writing in accordance herewith for the purposes and
shall be deemed to have been received in the case of a telex or facsimile
upon transmission and in the case of a letter forty-eight hours after posting.
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In proving service by letter it shall be sufficient to show that the envelope
containing the notice was properly addressed and stamped and duly posted.
23.
WAIVER
No failure or delay on the part of the Company to exercise any of its rights
under the Contract shall operate as a waiver thereof nor shall any single or
partial exercise of any such right preclude any other or further exercise
thereof. Any waiver by the Company of any breach by the Contractor of any
of its obligations under the Contract shall not affect the rights of the
Company in the event of any further or additional breach or breaches.
24.
VALIDITY
If any provision of these Conditions is held by any competent authority to be
invalid or unenforceable in whole or in part the validity of the other provisions
of these Conditions and the remainder of the provision in question shall not
be affected thereby.
25.
DISPUTE
Any dispute arising under or in connection with the Contract or the supply of
the Services shall be referred to arbitration by a single arbitrator appointed by
agreement or (in default) nominated upon the application of either party by
the President for the time being of the Law Society in accordance with the
Arbitration Acts 1950 - 1979. The arbitrator’s decision shall be final and
binding on both parties. Costs shall be in the award of the arbitrator.
26.
EQUALITY & DIVERSITY
The Contractor will be responsible for complying with the University’s equality
and diversity policy in respect of the following protected characteristics:









age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
religion or belief
sex
sexual orientation
The Contractor shall not permit any unlawful discrimination or harassment
within the meaning and scope of the provisions of the Equality Act 2010
or any statutory modification or re-enactment thereof relating to
discrimination in employment and the provision of goods, facilities or
services. The Contractor shall take all reasonable steps to secure the
observance of these provisions by all servants, employees or agents of the
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Contractor and all sub-contractors employed in the execution of the
Contract.
Disability access requirements and the needs of different ethnic, racial and
religious groups will be taken into consideration where this is appropriate,
and particularly when any contract involves the planning, construction or
modification of estates, facilities and services.
In engaging with suppliers for goods, services and facilities, it is the
University’s intention that all contracts are delivered in a way which is fair,
non-discriminatory and promotes equality of opportunity. The Contractor is
therefore required to provide a copy of its equality and diversity policy (or
equivalent) or a statement of intent that demonstrates how it intends to
comply with the University’s commitment to good practice in respect of
equality, diversity and inclusion.
27.
BRIBERY ACT 2010
The Contractor shall, at all times, act within the meaning and scope of the
provisions of the Bribery Act 2010 or any statutory modification of reenactment thereof. The Contractor shall take all reasonable steps to
secure the observance of these provisions by all servants, employees or
agents of the Contractor and all sub-contractors employed in the execution
of the Contract.
28.
LAW
The Contract shall be considered as a contract made in England and subject
to English Law.
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Appendix 3
The Process: Hiring of
Consultants
Prepare
PP...Prepppr
Specification
Check if internal resources
are available
Over
£10,000?
No
Yes
Send specification to prospective
Consultants requesting quotation
Contact Purchasing Officer to
arrange formal tender
Receive and Assess
Responses
Meet with successful candidate
to discuss aspects of contract
Prepare contract and
send to Purchasing Officer
Once returned raise
purchase order
Monitor contract against
specification, cost and timescales
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